DECISION

Fair Work Act 2009
s.185—Enterprise agreement

0-I Operations (Australia) Pty Ltd T/A 0-I Operations
(AG2019/607)

0-I SYDNEY MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the 0-I Sydney Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the 0-I Sydney Maintenance Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 0-I Operations (Australia) Pty Ltd T/A 0-I Operations. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 14 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by 0-I Operations (Australia) Pty Ltd, trading as 0-I Operations, to approve the 0-I Sydney Maintenance Enterprise Agreement 2019. The applicant sought to establish a new enterprise agreement that would govern the terms and conditions of employment for its employees. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether it met the good faith bargaining requirement, and if it provided for appropriate minimum terms and conditions of employment. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees it covered, and if the requisite majority of employees had voted in favour of the agreement.

In determining the application, the Commission considered the evidence provided by both parties and the relevant statutory provisions. The Commission found that the agreement had been made in good faith and that the requisite majority of employees had voted in favour of the agreement. Furthermore, the Commission was satisfied that the agreement provided for appropriate minimum terms and conditions of employment and was in the best interests of the employees it covered. Consequently, the Commission approved the 0-I Sydney Maintenance Enterprise Agreement 2019, thereby resolving the dispute in favour of the applicant.

As a result of the approval, the 0-I Sydney Maintenance Enterprise Agreement 2019 became a legally binding enterprise agreement, governing the employment conditions of the employees covered by the agreement. This decision provides clarity on the requirements for approving an enterprise agreement under the Fair Work Act and sets a precedent for similar applications in the future.

0-I Operations (Australia) Pty Ltd T/A 0-I Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established